District Attorney Dan May will not charge City Council candidate Lynette Crow-Iverson in a complaint filed Friday by her Colorado Springs election opponent, his office announced Tuesday.
Council President Pro Tem Jill Gaebler filed the complaint after fliers by Crow-Iverson's campaign inaccurately accused her of voting against a bill with other members of the Colorado Municipal League.
Gaebler was not at that CML meeting when the board voted.
Crow-Iverson is challenging Gaebler in the April 4 election to represent District 5 on the council.
Colorado law bars anyone from "knowingly or recklessly" circulating false information about an opponent, but May's office said the "knowingly or recklessly" factor couldn't be proven.
State Rep. Dave Williams had asked the CML about the vote and how Gaebler voted. A CML employee said the board voted unanimously against the bill, and she believed Gaebler voted, too.
The bill opposed by CML, which was advanced by Williams but quickly fizzled, would have held municipal officials liable for crimes committed within their cities by immigrants without documentation, if their cites held so-called sanctuary status.
"This information was clearly wrong," said the statement from May's office. "Because the erroneous information used in Lynette Crow-Iverson's mailer was provided by the CML employee, the District Attorney's Office is unable to prove that anyone ... knowingly or recklessly circulated false information."
Crow-Iverson did not return a call for her comment.
Gaebler often has declared her opposition to sanctuary cities, including at an early March forum as Crow-Iverson sat beside her.
Tuesday, Gaebler thanked May for "his thoughtful investigation" and lamented the misinformation.
"It's unfortunate that the level of misrepresentations of my record - spread by my opponent - have become so extreme ..." she said.